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Document 62009CJ0157

    Presuda Suda (šesto vijeće) od 1. prosinca 2011.
    Europska komisija protiv Kraljevine Nizozemske.
    Povreda obveze države članice - Članak 43. UEZ-a - Članak 45. UEZ-a.
    Predmet C-157/09.

    ECLI identifier: ECLI:EU:C:2011:794





    Judgment of the Court (Sixth Chamber) of 1 December 2011 – Commission v Netherlands

    (Case C-157/09)

    Failure of a Member State to fulfil obligations – Article 43 EC – Freedom of establishment – Notaries – Condition of nationality – Article 45 EC – Connection with the exercise of official authority

    Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Derogations – Activities connected with the exercise of official authority – Notarial activities – Excluded – Condition of nationality for access to the profession of notary – Unlawful (Arts 43 EC and 45, first para., EC) (see paras 55, 57-58, 60-65, 67-69, 73-74, 76-78, 80-86, 90)

    Re:

    Failure of a Member State to fulfil obligations – Infringement of Articles 43 EC and 45 EC – Access to and practice of the profession of notary – Condition of nationality – Connection with the exercise of official authority.

    Operative part

    The Court:

    1.

    Declares that, by imposing a condition of nationality for access to the profession of notary, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 43 EC;

    2.

    Orders the Kingdom of the Netherlands to pay the costs;

    3.

    Orders the Republic of Slovenia to bear its own costs.

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